The State of Colorado recognizes marriages in two ways. The first way is getting married in such a way that you meet all of the statutory requirements for marriage. The second way is by meeting the requirements for common law marriage. Thus, Colorado does recognize common law marriage.

Many myths exist as to what the requirements are to be common law married. One myth is that the parties must cohabitate for a certain number of years or certain amount of time. Under Colorado law, there is no set amount of years or time required to be declared common law married. Another myth is that a ceremony is required to be common law married. Parties can still be considered common law married in Colorado without a having a ceremony. Lastly, having children together does not necessarily make the parties common law married, but can be a factor in determining common law marriage.

Determining common law marriage is a fact based analysis, and no single fact determines the existence or lack of common law marriage on its own. In Colorado, the two elements needed to determine whether there was a mutual, present intent of the parties to be common law married are (1) cohabitation and (2) a marriage like relationship.

First, the Colorado Supreme Court has said that it is not sufficient that the parties simply be known in their neighborhood or community to be cohabiting. Instead, such cohabitation must be pursued with the habit and repute of marriage. With that said, cohabitation is more that just living together and dating.

Second, a marriage like relationship is more than just dating, having children together, taking vacations together, financially supporting each other, or have sexual relations. Each of these items can help support the showing of a marriage like relationship. A general reputation in the community, among friends, co-workers, and acquaintances, that the parties are intentionally holding themselves out as married is what is needed to show a marriage like relationship. Again, facts are needed to show either the existence or lack of a marriage like relationship.

Further, certain documents may help support the existence of a common law marriages such as the filing of joint tax returns, jointly titled deeds, insurance documents, and bank accounts held together. Understand that these documents are part of the factual analysis in determining common law marriage.

Although many myths and misconceptions exist about common law marriage, the Family Law Attorneys at The Gasper Law Group can help you determine whether or not a common law marriage exists in your particular situation. If you have questions about common law marriage, please contact The Gasper Law Group to schedule a free consultation with a Colorado Springs Family Law Attorney.

]]>By Christopher M. Nicolaysen Attorney At Law The Gasper Law Group, PLLC The State of Colorado recognizes marriages in two ways. The first way is getting married in such a way that you meet all of the statutory requirements for marriage. The second way is by meeting the requirements for common law marriage. Thus, Colorado [&#8230;]http://www.coloradospringsdivorceattorneyblog.com/2015/02/common-law-marriage-didnt-officially-say.html/feed0http://www.coloradospringsdivorceattorneyblog.com/2015/02/common-law-marriage-didnt-officially-say.htmlWhen Is a Civil Union Not a Marriage? When You’re Trying to Get Divorced!http://rss.justia.com/~r/ColoradoSpringsDivorceAttorneyBlogCom/~3/TqTZroJWxuE/civil-union-marriage-youre-trying-get-divorced.htmlDivorce In ColoradoUncategorizedGasper Law GroupMon, 10 Nov 2014 09:56:28 PSThttp://www.coloradospringsdivorceattorneyblog.com/?p=119By Carrie E. Kelly
Managing Attorney, Domestic Relations Division
The Gasper Law Group, PLLC

When Colorado began allowing same sex couples to enter into a civil union, there was a general attempt to extend similar benefits and protections to same sex couples that extended to married couples, but there was a fairly significant and perhaps unanticipated gap: the right to get divorced.

The Colorado courts were allowed to issue a “Dissolution of Civil Union,” but not a “Dissolution of Marriage.” And for most intents and purposes this was enough, but for military members and their partners it created a significant problem. The military has taken the unfortunate position that people who are married must get un-married, and getting un-civil union is not the same thing. So if a same sex couple got married in a state allowing same sex marriages and then moved to Colorado, Colorado could only give them a Dissolution of Civil Union, not a divorce. As far as the military was concerned, this meant the unfortunate couple was still married.

In early October 2014, a number of cases challenging the constitutionality of Civil Unions as an alternative to same sex marriage made their way through the courts of appeals and ended with the United States Supreme Court. The Supreme Court declined to accept the cases for further review which practically means that the appeals court level decisions become the law of the land. Based on the rulings from the appeals courts, Colorado began issuing marriage licenses to same sex couples on October 7, 2014.

Although the right to be divorced was not addressed in any of the cases, it is the next logical conclusion that where the State of Colorado recognizes same sex marriages, the courts must be capable of dissolving those same marriages.

On October 29, 2014, the Gasper Law Group represented its first client to the successful resolution of a Dissolution of Marriage for a same sex couple who had been previously married in another state where neither was still eligible to file for divorce.

Whether or not you need a Dissolution of Marriage or Civil Union is a question that should be evaluated by a competent attorney. The Gasper Law Group would be pleased to meet with you to discuss the options available to you in your case.

]]>By Carrie E. Kelly Managing Attorney, Domestic Relations Division The Gasper Law Group, PLLC When Colorado began allowing same sex couples to enter into a civil union, there was a general attempt to extend similar benefits and protections to same sex couples that extended to married couples, but there was a fairly significant and perhaps [&#8230;]http://www.coloradospringsdivorceattorneyblog.com/2014/11/civil-union-marriage-youre-trying-get-divorced.html/feed0http://www.coloradospringsdivorceattorneyblog.com/2014/11/civil-union-marriage-youre-trying-get-divorced.htmlDivorce – Child Support In Coloradohttp://rss.justia.com/~r/ColoradoSpringsDivorceAttorneyBlogCom/~3/1mWkIBa3wWA/divorce-child-support-colorado.htmlChild CustodyGasper Law GroupWed, 24 Sep 2014 07:10:50 PDThttp://www.coloradospringsdivorceattorneyblog.com/?p=116By Jennifer L. Hochstein
Attorney At Law
The Gasper Law Group, PLLC

CHILD SUPPORT

The basic determination of child support is based upon a guideline which uses the parents’ combined adjusted gross income. The purpose of looking at the parents’ combined gross income is to determine how funds would have been allocated to the children if the parents and children were living in an intact household. In addition to looking at the parents’ gross income there are other considerations that can be included on the child support worksheet which ultimately affect the child support award.

The biggest factors affecting child support are the following:

Number of Children: The child support calculation is based on the number of children of the parents’ and what the parenting time schedule will be (see number of overnights below). Additionally, the worksheet also factors in whether or not the parents have children from other relationships and what type of support is either received or paid for those children.

Number of Overnights: If either parent has 93 or more overnights per year child support will be calculated using Worksheet B which will result in a lower child support amount. If either parent has 92 or less overnights per year Worksheet A will be used and child support amount will be a higher.

Child Care (work or school related): Child care costs can dramatically affect a child support calculation particularly when the children are young. Some parties choose not to include daycare costs on the worksheet but rather make agreements to split the cost of childcare. It would be beneficial to run the numbers in either scenario to see what is most cost effective for both parties. Another consideration to including child care costs on the worksheet is whether or not a child may no longer need daycare in the near future such as the child is transitioning into Kindergarten. In that situation it may be beneficial to keep the daycare cost off the worksheet rather than attempt a modification of child support once that expense changes. Be aware that there are two categories of child care, work or school related (as in a parent is in school) that is because the federal tax credit applies only to work related child care expenses. That credit is applied to any work related child care expenses entered into the child support worksheet.

Health Insurance: Whichever parent provides health insurance for the children will receive credit for that expense on the worksheet. Be aware that ONLY the child’s portion of the insurance shall be included on the worksheet. For example if the monthly cost for a family of four is $200, and that covers two children, the children’s portion of the insurance would be $50 per child, or $100 total. There may be a situation where Mother is covering dental insurance and Father is covering medical insurance, each parent receives credit on the worksheet for the expenses paid for the child’s portion of the insurance.

Extraordinary Medical: This factor will only apply in fairly extreme circumstances where there is a recurring monthly extraordinary medical expense. For example if the child takes medication that costs $25 (out of pocket) EACH month, that expense should be included. Typically, extraordinary medical expenses will not be included on the worksheet as they do not occur each month and are difficult to predict when they will occur. However, if your child has a medical condition that incurs recurring monthly expenses those should be included.

Extraordinary Expenses: Just as in extraordinary medical expenses, general extraordinary expenses apply only in rare circumstances. For example if parents’ choose to send their children to private school this may be the appropriate category to include private school tuition. This may also apply for example, if your child is a world class gymnast and has recurring monthly expenses related to her sport. Including those fees may be appropriate in this category.

Spousal Maintenance: Spousal maintenance will be treated as income to the spouse receiving it and will be a deduction to the spouse paying it.

Determining child support is not as straightforward as it may seem by just “plugging” numbers into a worksheet. How to determine what constitutes gross income (and what is not included in gross income) is a whole other topic in itself. Here at The Gasper Law Group, PLLC your attorney can assist you in determining the amount of child support you may receive or the amount of child support you may owe. To play with the child support worksheets and get an idea of what it looks like and how the numbers work visit: http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=94

]]>By Jennifer L. Hochstein Attorney At Law The Gasper Law Group, PLLC CHILD SUPPORT The basic determination of child support is based upon a guideline which uses the parents’ combined adjusted gross income. The purpose of looking at the parents’ combined gross income is to determine how funds would have been allocated to the children [&#8230;]http://www.coloradospringsdivorceattorneyblog.com/2014/09/divorce-child-support-colorado.html/feed0http://www.coloradospringsdivorceattorneyblog.com/2014/09/divorce-child-support-colorado.htmlTime flies when you’re getting divorced: how long will your divorce actually take?http://rss.justia.com/~r/ColoradoSpringsDivorceAttorneyBlogCom/~3/oqJlKUt14Ds/time_flies_when_youre_getting.htmlUncategorizedGasper Law GroupThu, 19 Jun 2014 09:16:06 PDThttp://coloradospringsdivorceattorneyblog.lawblogger.net/2014/06/19/time_flies_when_youre_getting/By Brandon A. Prenger, AttorneyThe Gasper Law Group, PLLC

One of the most commonly asked questions concerning a divorce is “how soon can I be divorced?”
Everyone has heard the horror stories of a divorce that drags out for years. Even so, most people expect it to be a matter of weeks after the papers are filed before they are free, single and ready to mingle. Who decides how long a divorce takes? Is there anything you can do to help speed the process up? What are the factors that govern how soon a divorce is over?

First and foremost, there is a statutory waiting period. If the parties agree on everything 10 minutes after filing for divorce, they still must wait 91 days to receive a decree of dissolution from the Court. This 91-day clock starts ticking from the time that the Petition is served on the non-filing party. So if you are planning on getting divorced, first you should plan on getting an attorney to guide you, and then you should plan on waiting at least 91 days.

Secondly, your divorce is dependent on the Court’s schedule. The Court is not very flexible when it comes to setting hearings. Some divisions, depending on their volume of cases, can set your case for its final hearing within a few months of filing your petition. Other divisions have at least a 6-7 month waiting period for you to get your day in court. So if you plan on getting divorced, hope that you are assigned to a fast division.

But wait, you ask, if I get a slow division, do I really have to wait 6-7 months to get officially divorced? Not at all. The third and final factor that governs your divorce’s time frame is you. If the parties can negotiate and come to an agreement on every issue of contention in the case, it is very likely that you can be divorced after approximately 91 days. All that your attorney will have to do is draft and file a Separation Agreement with the court along with an Affidavit of Non-Appearance. These documents will allow you to get a divorce in approximately 91 days without having to appear in court. If there are children involved, you might have to appear for an uncontested hearing, but these are very short hearings and can be set quickly. If, however, there are few or no agreements, then the court will have to decide the issues at a hearing, at which point you are at the mercy of the court in terms of scheduling. Ultimately, the length of a divorce boils down to how contentious the parties make the case.

]]>By Brandon A. Prenger, Attorney The Gasper Law Group, PLLC One of the most commonly asked questions concerning a divorce is “how soon can I be divorced?” Everyone has heard the horror stories of a divorce that drags out for years. Even so, most people expect it to be a matter of weeks after the [&#8230;]http://www.coloradospringsdivorceattorneyblog.com/2014/06/time_flies_when_youre_getting.html/feed0http://www.coloradospringsdivorceattorneyblog.com/2014/06/time_flies_when_youre_getting.htmlMEDIATION – WHAT YOU NEED TO KNOWhttp://rss.justia.com/~r/ColoradoSpringsDivorceAttorneyBlogCom/~3/lxJ9LLoPsCo/mediation_what_you_need_to_kno_1.htmlDivorce Procedures in ColoardoGasper Law GroupFri, 13 Jun 2014 06:28:02 PDThttp://coloradospringsdivorceattorneyblog.lawblogger.net/2014/06/13/mediation_what_you_need_to_kno_1/By Jennifer L. Hochstein, AttorneyThe Gasper Law Group, PLLC

What is the purpose of mediation?

During the process of a divorce proceeding or allocation of parental responsibilities parties are required to participate in mediation prior to attending a contested final orders hearing. Parties may also be required to mediate due to post decree issues, such as a modification of parenting time or if a contempt is filed. Some parties may agree at the time of their divorce that any future issues must be mediated first prior to either party filing a Motion with the Court. There are few exceptions to when parties will not be required to mediate, but these exceptions are rare. The court requires mediation as a way to assist parties in making their own agreements and to ultimately avoid contested hearings.How do I schedule mediation?

The mediation process typically lasts two hours. Mediation can be scheduled with a private mediator which are often times family law attorneys in private practice or attorneys who previously practiced in family law. Mediation can also be scheduled through the Office of Dispute Resolution which is located in the basement of the courthouse. There are fees associated with mediation and those depend on the amount of time for the mediation and which mediator is selected. Mediators are to act as a neutral third party and do not represent the interests of either party.

What should I do to prepare?

The best way to prepare for mediation is to review your sworn financial statement and prepare a proposed parenting plan, if applicable. Reviewing your sworn financial statement will allow you to recognize which assets and debts will need to be discussed during mediation. A proposed parenting plan will be helpful for the mediator to review to understand what you are requesting in terms of parenting time. The mediator can assist you in determining child support by reviewing the child support guideline with you. Lastly, go into mediation with an open mind and the understanding that to reach an agreement both parties will need to compromise.

What is the process for mediation?

During mediation the parties are not in the same room. The mediator will go between each room to discuss the positions of the parties as to property, debt, support, and parenting time, if applicable. Parties are not required to reach an agreement through mediation, however, parties must make a good-faith attempt to settle issues during mediation. Mediation is always confidential, however, there are a few exceptions to this rule, for example, if someone reports they are about to commit a crime. Also, if agreements are reached in mediation and a signed, written document called a Memorandum of Understanding is drafted this will be filed with the Court. If no agreements are reached the Court will only know that the parties attended mediation and that no agreements were reached. In mediation parties may reach agreements as to all disputed issues, as to only a few disputed issues, or may not reach any agreements. If parties reach a full agreement their agreement will be signed, filed with the Court, and the parties will attend an uncontested final orders hearing. If only a few issues are resolved an agreement may still be filed with the Court, however, the disputed issues will proceed to a contested hearing. Finally, if no agreements are reached the parties will proceed to a contested final orders hearing as to all issues.

How can an attorney assist in mediation?

If you hire an attorney the attorney will be present for mediation. The attorney can help you prepare for mediation by creating a proposed parenting plan as well as reviewing your assets and debts with you. Your attorney can advise you as to which proposals are reasonable and fair and which proposals are not. Your attorney has experience in front of the various judges and magistrates and can advise you as to what the court would typically do in any given scenario. Ultimately, your attorney can assist you through the process, schedule mediation for you, and ensure your interests are protected through the process.

]]>By Jennifer L. Hochstein, Attorney The Gasper Law Group, PLLC What is the purpose of mediation? During the process of a divorce proceeding or allocation of parental responsibilities parties are required to participate in mediation prior to attending a contested final orders hearing. Parties may also be required to mediate due to post decree issues, [&#8230;]http://www.coloradospringsdivorceattorneyblog.com/2014/06/mediation_what_you_need_to_kno_1.html/feed0http://www.coloradospringsdivorceattorneyblog.com/2014/06/mediation_what_you_need_to_kno_1.htmlFraud To The Essence Of Marriage – Annulment?http://rss.justia.com/~r/ColoradoSpringsDivorceAttorneyBlogCom/~3/qoaZVNN7Rfo/fraud_to_the_essence_of_marria.htmlDivorce In ColoradoGasper Law GroupTue, 27 May 2014 13:15:28 PDThttp://coloradospringsdivorceattorneyblog.lawblogger.net/2014/05/27/fraud_to_the_essence_of_marria/By Amanda C. Musselwhite, AttorneyThe Gasper Law Group, PLLC

You had the perfect wedding with the perfect rings! You were busy planning your house in the suburbs with your 2.5 kids, your cat, and your dog. Suddenly, you realized your prince was really a frog or your princess was really an ogre! You discovered things so unexpected about your new spouse that you would not have married them had you known prior to tying the knot. Is there a way to get unmarried?

In Colorado, you can file a petition for invalidity of marriage to undo your vows of matrimony. However, there are only a few grounds on which that petition can be granted. One of the less utilized reasons for requesting a petition for invalidity is based upon fraud. Under C.R.S. 14-10-111(1)(d), a petition for invalidity may be granted when “[o]ne party entered into the marriage in reliance upon a fraudulent act or representation of the other party, which fraudulent act or representation goes to the essence of the marriage.”
The requesting party will have to show that their spouse acted fraudulently and the requesting party relied upon that fraud when they were married. Further, that fraud will have to be something that goes to the essence of the marriage. The fraud cannot be something minor or peripheral, it must be something that had the requesting party known, they would not have consented to the marriage.

Whether fraud exists that goes to the essence of the marriage is a fact based question that is determined on a case by case basis. The judge will evaluate the evidence that the party acted fraudulently, as well as all of the other evidence surrounding the parties’ reasons for marrying and how important the fraudulent act was to the aggrieved party.

In Colorado, there are few cases providing guidance as to what constitutes fraud to the essence of the marriage. Fraud to the essence of the marriage has been found when a wife married husband solely to obtain a permanent green card. In re Marriage of Joel, 2012 COA 128. It was found when an ex-husband led ex-wife to believe that he had a terminal illness and ex-wife remarried ex-husband solely because she did not want him to die alone. In re Marriage of Farr, 228 P.3d 267 (2010).

Of course, there are some well-known examples of celebrity marriages which have ended in annulment due to fraud, or at least claims of the same. She may be marrying Kanye West in Paris soon, but in 2011 Kim Kardashian married basketball player Kris Humphries. The marriage lasted 72 days. She filed for divorce. He filed for an annulment, citing “fraud.” Renee Zellweger filed for an annulment of her marriage to Kenny Chesney due to “fraud” on Sept. 14, 2005, just four months into their marriage. She later claimed that fraud was a term she used only for legal purposes. Pamela Anderson and Rick Solomon married in Las Vegas in October of 2007 during a ninety minute break into between shows in which Anderson was appearing. In December, she filed for divorce, citing irreconcilable differences. He filed for an annulment, citing fraud. Anderson and Solomon’s 2007 marriage was terminated, but they have since remarried. Their second marriage has already surpassed the three-month mark.

To receive an effective evaluation of your circumstances and whether a Petition for Invalidity of Marriage would be advisable, you should contact an attorney in your jurisdiction. You should act as quickly as possible due to time restraints to protect your interests.

]]>By Amanda C. Musselwhite, Attorney The Gasper Law Group, PLLC You had the perfect wedding with the perfect rings! You were busy planning your house in the suburbs with your 2.5 kids, your cat, and your dog. Suddenly, you realized your prince was really a frog or your princess was really an ogre! You discovered [&#8230;]http://www.coloradospringsdivorceattorneyblog.com/2014/05/fraud_to_the_essence_of_marria.html/feed0http://www.coloradospringsdivorceattorneyblog.com/2014/05/fraud_to_the_essence_of_marria.htmlParental Kidnappinghttp://rss.justia.com/~r/ColoradoSpringsDivorceAttorneyBlogCom/~3/1fRSauSBvU4/parental_kidnapping.htmlChild CustodyGasper Law GroupFri, 23 May 2014 11:29:30 PDThttp://coloradospringsdivorceattorneyblog.lawblogger.net/2014/05/23/parental_kidnapping/By Carrie E. Kelly, Managing AttorneyThe Gasper Law Group, PLLC

Although child abduction is not a common occurrence under any circumstances, the most common kind of child abduction is parental kidnapping. Parental kidnapping is when a child is taken by a parent in violation of an existing custody order. If there are no court orders in place and there are no court cases such as divorce, allocation of parental responsibilities or paternity pending, it is not kidnapping to remove a child from the state. Where there is an order setting forth custody or parenting time and the children are removed in violation of that order, there are remedies available to help safely return the children.

The most common parental kidnapping scenario involves a custody order from one state while the children are present in another state. In general, law enforcement officers will only step in to enforce an order that is issued by their state. So if the children are in the state of Colorado, Colorado law enforcement needs a Colorado court order in order to act. The fastest way to obtain a Colorado court order when you have an out of state custody order is to file the custody order with Colorado in a process called domesticating the foreign order. This process requires a certified copy of your custody order which you can then file in Colorado with the appropriate motion. Once the custody order is filed with Colorado, the Colorado courts can then direct Colorado law enforcement to take the children and return them to the other parent.

In order to save valuable time in the event of a parental kidnapping, The Gasper Law Group, PLLC recommends that every parent obtain a certified copy of their custody orders to keep on hand in case of an emergency. In an abduction scenario, the time it takes to go to the courthouse and get a certified copy of your orders may become a problem. Also, as a precautionary step, if there is an interstate parenting plan, it is wise to domesticate the foreign order in the state where the other parent resides from the beginning. You can domesticate a foreign order and not take any action at that time, but if you need to take action, you already have an open case in the state where the child is most likely to be taken.

There are always jurisdictional considerations and there may be other remedies available in your particular situation so, as always, The Gasper Law Group, PLLC recommends that you seek legal advice if you believe that your child has been or is likely to become the victim of a parental kidnapping.

]]>By Carrie E. Kelly, Managing Attorney The Gasper Law Group, PLLC Although child abduction is not a common occurrence under any circumstances, the most common kind of child abduction is parental kidnapping. Parental kidnapping is when a child is taken by a parent in violation of an existing custody order. If there are no court [&#8230;]http://www.coloradospringsdivorceattorneyblog.com/2014/05/parental_kidnapping.html/feed0http://www.coloradospringsdivorceattorneyblog.com/2014/05/parental_kidnapping.htmlSame-Sex Relationships: Breaking it Downhttp://rss.justia.com/~r/ColoradoSpringsDivorceAttorneyBlogCom/~3/aguCs3NJEd4/samesex_relationships_breaking.htmlDivorce In ColoradoGasper Law GroupTue, 27 Aug 2013 09:17:16 PDThttp://coloradospringsdivorceattorneyblog.lawblogger.net/2013/08/27/samesex_relationships_breaking/By Matthew B. Drexler, Esq.*Teresa A. Drexler, Esq.*

Domestic relations attorneys are most familiar with the husband and wife model of litigation. Family law attorneys are also familiar with assisting a large number of couples who find themselves crashing and burning before the wedding bells ring. The cases are familiar: a male, a female, and the division or allocation of property, assets, debts, parenting time, parental decision making, child support, and sometimes the family dog is in dispute.

In June 2013, the Supreme Court of the United States deemed unconstitutional Section 3 of the federal Defense of Marriage Act (DOMA). On March 12, 2013, Colorado approved civil unions, which recognizes that same sex individuals may have their property, assets, debts and other benefits (e.g. retirement plans) subject to division under Colorado’s domestic relations laws.

So, domestic relations attorneys must now impress upon their clients the importance of recognizing civil unions, discuss the relative rights and obligations of individuals in a civil union and must navigate their clients through the new landscape of dissolving civil unions.

Call The Gasper Law Group for a free initial consultation to discuss the ramifications and benefits of Colorado’s Civil Union legislation and the impact of the Supreme Court’s decision to strike down Section 3 of the Defense of Marriage Act (DOMA).

At the very least, you need an attorney who will properly and confidently analyze individual benefit plan documents to determine whether benefits may be allocated in same-sex civil union relationships and, if so, how they can be divided.

The civil union law authorizes any two unmarried adults, regardless of sex, to enter into a civil union. Also, same-sex couples legally married in another state now have a recognized civil union in Colorado. Formally recognizing a civil union in Colorado or the marriage between same-sex couples from another state provides certain protections not previously provided. Once in a recognized civil union, the parties are provided most of the rights, benefits, and responsibilities under Colorado law that are granted or imposed on all other spouses in Colorado. Because Colorado income tax filings are tied to the federal income tax scheme – which does not currently recognize civil unions – Colorado’s law does not permit parties to a civil union to file joint income tax returns.

However, civil unions in Colorado are not required to be recognized as “marriages” under federal law, which is a true and legally significant distinction. While the federal government may recognize state rights for same-sex relationships, it may still deny those in same-sex civil unions the status of “marriage.” So, perhaps it’s true that Colorado effectively denies those in same-sex relationships the benefits of marriage under federal statutes. This could have a direct impact on whether one party to a civil union is eligible as a covered individual or eligible individual under federally-sponsored or federal-provided benefits. To the point, the majority of employee benefit plans are subject to federal law whether falling under ERISA (Employee Retirement Income Security Act) and/or the Internal Revenue Code (IRC). A civil union not recognized under federal law may limit eligibility for benefits provided under federal legislation. However, where benefit plans are not governed by ERISA for example, the plan may be subject to other federal law. Where benefit plans are not at all governed by federal law, state law must be analyzed together with the plan documents to determine eligibility and method of division or allocation of plan benefits.

If you think ERISA-governed retirement plans are complicated (and they are when considering qualified domestic relations orders (QDRO’s), loans against your 401(k), and health and welfare benefits), try figuring out the implications of the federal and state tax codes! Most of us are familiar with the IRS’s position that transfers of property upon dissolution of a marriage are not treated as taxable events subjecting the receiving spouse to unfair tax consequences. In the case of a same-sex couple achieving the status of married spouses in a state that recognizes same-sex marriages, the tax benefits will operate similarly without penalizing the spouse when receiving property distributions. However, for those entering civil unions in states such as Colorado, the transfer of property after a dissolution will result in a taxable event and subject the parties to tax consequences perhaps as if the individuals were strangers receiving property from another stranger. Accordingly, not having an attorney who appreciates the distinctions can lead to terrible tax consequences. While domestic relations lawyers should not dispense tax advice (we don’t ask our accountants to perform open heart surgery), a domestic relations attorney should be well aware of potential pitfalls and methods to avoid these pitfalls by carefully researching, advising and coordinating advice with a true tax professional.

Call The Gasper Law Group for a free initial consultation whether you are thinking of entering a civil union, are curious about the ramifications of a dissolution of a civil union or are already involved in a dissolution or breakup of a civil union or same-sex marriage recognized under the law.

* Matthew B. Drexler and Teresa A. Drexler are both Managing Partners at The Gasper Law Group, PLLC and practice in our Domestic Relations and Civil Litigation Divisions. Teresa A. Drexler is a member of the Family Law Section of the Colorado Bar Association and Matthew B. Drexler is a member of the Colorado Trial Lawyer’s Association. Both Attorneys Drexler are committed to excellent representation and are not timid about tackling the tough cases with aggressive, dedicated and zealous representation.

]]>By Matthew B. Drexler, Esq.* Teresa A. Drexler, Esq.* Domestic relations attorneys are most familiar with the husband and wife model of litigation. Family law attorneys are also familiar with assisting a large number of couples who find themselves crashing and burning before the wedding bells ring. The cases are familiar: a male, a female, [&#8230;]http://www.coloradospringsdivorceattorneyblog.com/2013/08/samesex_relationships_breaking.html/feed0http://www.coloradospringsdivorceattorneyblog.com/2013/08/samesex_relationships_breaking.htmlWhen can Child Support Be Modified? Different approaches by the Colorado Court Appeals in modifying child support.http://rss.justia.com/~r/ColoradoSpringsDivorceAttorneyBlogCom/~3/QbaUGLfhM5s/when_can_child_support_be_modi_1.htmlDivorce and ParentingGasper Law GroupTue, 27 Aug 2013 09:15:48 PDThttp://coloradospringsdivorceattorneyblog.lawblogger.net/2013/08/27/when_can_child_support_be_modi_1/By: The Gasper Law Group, PLLC.

Under Colorado law, child support may be modified where the parties mutually agree to change custody of their minor child/children. Yet, the law becomes hazy when determining the impact this mutual agreement may have on the modification of child support. Questions arise: Is child support modified at the time the custody actually changed or at the time a party files his or her motion? May the support obligation be modified for the obligor/payer, the Obligee/receiver, or both? Does the court retroactively apply the modification? What happens to any child support debt or arrearages existing prior to the modification in the event the change in child support is applied retroactively? Will the child support enforcement units of each state recognize the modification?

Colorado Revised Statute 14-10-122(5) specifically states “the provisions for child support for the obligor (payer) under the existing child support order, if modified pursuant to this section, will be modified as of the date when the physical care was changed.” Though this language appears simple enough, the divisions of the Colorado Court of Appeals have uncovered a complexity in the language. One division of the Court of Appeals determined this language allowed for modification of child support from the date the custody changed. See In re the Marriage of Emerson, 77 P.3d 923 (Colo. App. 2003) Whereas another division found the exact same language allowed only for modification from the date the motion was filed. See In re the Marriage of White, 240 P.3d 534 (Colo. App. 2010). Further, neither division could agree if the modification was only applicable to the original obligor or if the modification may be applied to the obligee. You may asking yourself, “what does this matter anyway as long as the child support payment changes?” These are good questions and the answers are even trickier!

Trial courts and the parties appearing before the court are left in some sort of a no-man’s-land when panels of the Court of Appeals render conflicting decisions on seemingly the same subject (they are not the same as it turns out) and without the benefit of further guidance from the Supreme Court or our legislature to reconcile the decisions. The result? The potential for one judge ordering a modification from the date custody changes while his colleague down the hall orders modification from the date the motion was filed. Practically speaking, this means the result in your case may differ substantially from that of your neighbor … and guess what … both judges may have applied incorrect rationale for the modification.

This quirky issue, spawned from this particular statute and subsequent case law, is yet another example of the lurking complexity beneath legislation and the interpretations echoing through the halls of our court rooms and the appellate courts.

Call THE GASPER LAW GROUP to discuss your particular case and for our candid analysis on the legal implications and possible interpretations of the issues affecting you.

]]>By: The Gasper Law Group, PLLC. Under Colorado law, child support may be modified where the parties mutually agree to change custody of their minor child/children. Yet, the law becomes hazy when determining the impact this mutual agreement may have on the modification of child support. Questions arise: Is child support modified at the time [&#8230;]http://www.coloradospringsdivorceattorneyblog.com/2013/08/when_can_child_support_be_modi_1.html/feed0http://www.coloradospringsdivorceattorneyblog.com/2013/08/when_can_child_support_be_modi_1.htmlNavigating the Divorce Processhttp://rss.justia.com/~r/ColoradoSpringsDivorceAttorneyBlogCom/~3/8xJq4LGNk_Q/navigating_the_divorce_process.htmlDivorce Procedures in ColoardoGasper Law GroupMon, 22 Jul 2013 08:25:19 PDThttp://coloradospringsdivorceattorneyblog.lawblogger.net/2013/07/22/navigating_the_divorce_process/By: Haily Kolberg, Esq.*

You should never need to be an expert in divorce. That’s our job.

Specifically, The Gasper Law Group will help navigate you through this challenging time by offering candid, straightforward and honest legal advice that will enable you to make informed decisions on the handling of your case. While we are fierce advocates in the courtroom, you may find yourself taking advantage of our negotiation and settlement strategies that sometimes avoids the courtroom altogether. We pride ourselves on our ability to fully analyze a case and offer you real legal advice based on your unique facts and circumstances. Whether you are in the middle of a divorce and desire an attorney with a fresh approach or whether you are at the very beginning of the legal process, below is a brief run-through of how the process works generally.

The first stage is the pleading or filing stage in which a Petition for Dissolution (with or without children) is filed with the court as well as a response from the opposing party. Although the Court offers boilerplate forms to initiate a divorce, we have seen our fair share of clean-up projects in which we have had to amend pleadings to assert or defend against claims or requested relief (child support, spousal maintenance, military retirement division). Sometimes the ship has sailed and it’s impossible or extremely expensive to right the wrong or omission from the original pleadings. If nothing else, an attorney can provide the reasonable buffer between the filing party and the opposing party. After all, some comfort or level of protection in challenging times is warranted by simply telling your ex, “you should call my attorney because I don’t want to talk about this.”
The next stage involves assembling documents and financial data prior to the very next stage, an Initial Status Conference or Court Facilitator meeting. This is more of a meeting than a hearing, where deadlines for your case are set so the Court knows your case will move along. The average divorce case in Colorado Springs takes over 4 months depending on the assigned division and the court’s docket. More complex cases involving experts or hotly contested issues result in longer case duration and can last for several months or a full year after filing. The quickest a divorce can be completed is 91 days (Colorado recognizes a statutory 90-day cooling off period). At the Status Conference, the Court may set additional deadlines in the event the parties have not completed the disclosure and financial exchange process.

In some case, informal or formal discovery is necessary. Discovery is the process of collecting evidence by way of subpoena, depositions, written interrogatories (questions to be answered under oath). Disclosures (discussed above) are required and must conform to the court’s orders and standard rules of procedure. Discovery on the other hand is initiated at the request of either party. Rest assured, discovery can be managed by the parties with the court being available to resolve any discovery or disclosure disputes.

After disclosure and pertinent information is gathered, the case is normally set for a four-way settlement conference (you, us, the opposing party and opposing counsel). There is no requirement that you must settle your case but the opportunity is valuable because contested issues will be identified while other issues may be resolved entirely (this is a great way to reduce legal fees where it makes no sense to argue about resolved issues!). In some cases, we are able to resolve all issues, enter into a written separation agreement and can even file everything with the court for final approval. It’s possible to complete the divorce process without having to appear in court for a contested hearing. Ask the attorneys at THE GASPER LAW GROUP about your specific case and settlement potential, in full or in part. The legal process should never be a process that infuses conflict where none exists. If the issue isn’t contested, watch out of the attorneys who try to force you to argue about resolved issues just to add legal fees and cost to an already painful process.

If the settlement conference doesn’t resolve all of the issues between the parties, you can proceed to a Temporary Orders Hearing. Be careful though, it may or may not be to your advantage to request a temporary orders hearing during the Initial Status Conference (discussed above). Temporary orders hearings are exactly what they sound like: a heading to resolve temporary parenting time issues, temporary responsibilities for paying bills, temporary child support, temporary spousal maintenance (or alimony), and temporary use and possession of the marital home and other marital property.

The next stage involves a required mediation. This is similar to the four-way settlement conference; however, a fifth party is added, an independent mediator or neutral who does not represent the parties but instead works with the parties and counsel to determine issues for resolution and to explore settlement possibilities. A mediator is useful if offering candid opinions on important matters: Are you or the opposing party being unreasonable? Is the other side analyzing the issues correctly? Is your particular judge inclined to rule a certain way based on a set of facts or circumstances? Is there an outside-the-box way to achieve the same result to the benefit of both parties? Can the mediator assist the parties in setting aside the emotions of the divorce process for the benefit of achieving an acceptable outcome? Is the other party so fixed on going to trial that the mediation session can be used to gather information and discuss additional case strategy with the candid input of the mediator? Rest assured, just like the settlement conference, the parties do not need to be in the same room and the mediator will walk back and forth between the parties. If you can resolve all issues, you can complete a signed settlement agreement or memorandum of understanding to be used to formally draft the complete agreement.

If mediation is not at all successful or fully successful, your case will proceed to a Final Orders Hearing (which is a terrible name of a hearing involving children by the way since custody or parenting time order and child support are often modified in the future so there’s nothing really final about the final orders). The final orders hearing is again exactly what is sounds like – with the caveat just mentioned of course. The court will likely enter the decree of dissolution that same day and will further provide orders as to the division of all marital property, assets and debts and will issue the Initial Child Custody Determination – the first “final” or non-temporary orders regarding parental responsibilities (parenting time, child support and decision making). Final orders hearings are not without significant risk. You will be in front of a different judge than you were for the temporary orders hearing and the judge will review the pleadings filed in your case. The judge will conduct a seemingly brief hearing (in most cases 4-8 hours but rarely multiple days) and then decide critical and significant matters that may affect you for life. In essence, a judge could know you for four hours and then decide a portion of the rest of your life. This may have you thinking more seriously about resolving your case when you have a bit more control. Many cases settle at settlement conference and mediation sessions. Also, there is no limit on the number of mediation or settlement sessions if the parties agree to keep pursuing settlement talks. The reality is that most cases settle in full or in part; however the other reality is that many cases require full contested hearings based on either the particular facts of a case, complex legal issues that the parties are unable to agree on or, quite frankly, unreasonable and unwavering positions held by a party.

The above synopsis of the divorce process in most Colorado courts is not comprehensive by any means and we don’t expect our clients to attend law school and start practicing during one of the most challenging times of the clients’ lives. Rest assured, you are in great hands with our Domestic Relations Team at The Gasper Law Group and we look forward to navigating you through the divorce process while being your advocate, legal advisor and sounding board. Call the attorneys at The Gasper Law Group for a free consultation to determine if we are the right fit for you and your case. We pride ourselves on Helping People First and working to achieve results in an affordable manner.

* Haily Kolberg is an Attorney practicing in the Domestic Relations Division at The Gasper Law Group, PLLC located in Colorado Springs, Colorado. Ms. Kolberg or another member of the domestic relations team can be reached at (719) 227-7779 for more information and to candidly discuss your case.

]]>By: Haily Kolberg, Esq.* You should never need to be an expert in divorce. That’s our job. Specifically, The Gasper Law Group will help navigate you through this challenging time by offering candid, straightforward and honest legal advice that will enable you to make informed decisions on the handling of your case. While we are [&#8230;]http://www.coloradospringsdivorceattorneyblog.com/2013/07/navigating_the_divorce_process.html/feed0http://www.coloradospringsdivorceattorneyblog.com/2013/07/navigating_the_divorce_process.html